(영문) 대구지방법원상주지원 2015.10.28 2015가단1597

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(영문) 대구지방법원상주지원 2015.10.28 2015가단1597

소유권말소등기

Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. Nonparty D (Death on November 20, 1979) was the owner of the instant real estate.

B. On April 10, 1980, the Defendant completed the registration of ownership transfer on the ground of sale on June 10, 1973 pursuant to the former Act on Special Measures for the Registration, etc. of Ownership of Real Estate (Act No. 3094, hereinafter “former Special Measures”).

C. The plaintiff is one of the successors of D.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 7, purport of the whole pleadings

2. The plaintiff asserts that the registration of transfer of ownership to the real estate of this case in the name of the defendant is completed in accordance with a false guarantee, and that the registration should be cancelled.

A registration completed pursuant to the former Act on Special Measures for the Registration, etc. of Ownership of Real Estate (Act No. 4502, effective) shall be presumed to be a registration consistent with the substantive legal relationship. The presumption of ownership preservation or transfer registration shall not be reversed unless it is proved that a letter of guarantee or confirmation prescribed by the Act on Special Measures for the Registration, etc. of Ownership of Real Estate is false or forged, or that a registration has not been duly registered due to other reasons.

In this context, a false letter of guarantee or written confirmation refers to a letter of guarantee or written confirmation that does not fit the truth, and even if a person who has completed registration in accordance with the Act on Special Measures claims that he/she acquired a right in accordance with the other reason of acquisition even if he/she recognizes the fact that the reason of acquisition stated in the letter of guarantee or written confirmation is different from the fact, it is obvious that the registration in accordance with the Act on Special Measures for Special Measures for Special Measures for Special Measures cannot be completed, such as the case where the date of acquisition falls within the period of time when the application

Unless there are special circumstances, such as where it is obvious that it is a Gu, registration completed under the Act on Special Measures only for the above reasons.

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